Pitstop Karting

Cancellation Policy

PITSTOP KARTING PTY LTD. DISCLAIMER ASSUMPTION OF RISK ??? EXCLUSION OF LIABILITY ??? WAIVER OF RIGHT TO SUE AND INDEMNITY IMPORTANT WARNING: READ THIS DOCUMENT CAREFULLY ??? THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS! The ???Company??? (defined below) as the operator of this venue supplies all ???Services??? (defined below) and ???Facilities??? (defined below) to its customers. In exchange for being permitted to participate in the ???Activities??? (defined below) the undersigned agrees as follows: 1. DEFINITIONS In this Disclaimer the following words have the following meaning: 1.1. ???Activities??? means the use of the Facilities or any parts of them in connection with the Services; 1.2. ???Company??? means Pitstop Karting Pty Ltd A.C.N. 604 778 412 - ABN 50 604 778 412 of 1-7 Caldwell Street Garbutt 4814 Queensland; 1.3. ???Conditions of Entry??? means the conditions of entry and ticket purchase situate at the entrance to the venue; 1.4. ???Disclaimer??? means this document; 1.5. ???Facilities??? includes but is not limited to: 1.5.1. The go-karting facilities and buildings the go-kart track its surrounds and any associated areas including all equipment such as the go-karts and safety helmets; 1.6. ???I??? and ???my??? means personally or by his/her parent/guardian/carer and includes personal representatives heirs next of kin assignees and trustees executors or administrators of that person???s estate; 1.7. ???Indemnified Parties??? means the Company and all related bodies such as corporate or affiliated entities the owner of the Premises and their respective directors officers employees volunteers contractors agents and representatives; 1.8. ???Jurisdiction??? means the authority in the State of Queensland; 1.9. ???Premises??? means 1-7 Caldwell Street Garbutt 4814 Queensland; 1.10. ???Rules and Regulations??? means the instructions guidelines and procedures displayed within and around the facility and communicated during the driver licencing registration and safety briefing; 1.11. ???Services??? means the providing of a service the use of hire go-karts and sales of the recreational services supplied by the ???Company??? at the venue. 2. THE RISKS OF THE ACTIVITY I am aware that participating in the ???Activities??? is hazardous and can involve extraordinary risks including: 2.1. Risk of death; 2.2. Risk of personal injury; 2.3. Risk of psychological trauma; 2.4. Risk of damage to property; 2.5. Risk that any persons participating in the ???Activities??? and/or any person in the vicinity thereof may suffer harm as a result of tripping slipping or falling or from coming into contact with objects floors walls equipment property or other participants/persons in the area; 2.6. Risk associated with acts of violence and other harmful acts whether intentional or inadvertent committed by a person participating in the ???Activities??? and/or by any other person; and 2.7. Risk that the ???Facilities??? or any parts of them may fail to perform their designated purpose and/or may be unsuitable to ensure the safety of persons participating in the ???Activities??? and/or any other person. 3. ACKNOWLEDGEMENTS I acknowledge: 3.1. That there are many inherent risks and dangers which are referred to in clause 2; 3.2. That participating in the ???Activities??? may also involve additional risks and dangers not expressly referred to in clause 2; 3.3. That I use the ???Facilities??? as I find them and with the prior knowledge of these risks; 3.4. That I am not relying on any oral written or visual representations or statements by or on behalf of the ???Company??? or any other inducement or coercion in deciding to participate in the ???Activities??? and in deciding to sign this ???Disclaimer???; 3.5. That I have voluntarily agreed to purchase the ???Activity???; 3.6. That I have a duty to use as instructed all safety equipment provided when participating in the use of karts. If I choose to supply my own safety equipment which must still meet standards I do so at my own risk and accept full responsibility for any failure or non-performance of such equipment. 3.7. That I must abide by the ???Conditions of Entry??? the ???Rules and Regulations??? all signs and any directions and directives of the ???Company??? whilst I am on the ???Premises??? without any objections; 3.8. That I have a duty to act with good judgement and consideration both for myself and others and to refrain from behaviour which could affect my safety the safety of others or the safety of the ???Facilities??? ???Activities??? and ???Indemnified Parties???; 3.9. That I will accept responsibility for and agree to PAY THE COST OF ANY DAMAGE that I cause to the ???Facilities??? or any parts of them; 3.10. That the terms and conditions of this ???Disclaimer??? are intended to have legal effect and are not mere warnings or recitals; and 3.11. That the ???Company??? is relying upon the acknowledgements declarations and agreements that I provide herein. 4. HEALTH DECLARATIONS I declare: 4.1. That I am medically and physically fit to participate in the ???Activities??? and have not been advised otherwise by a medical practitioner; 4.2. That I do not suffer from any pre-existing health conditions not disclosed to the ???Company??? that may impact upon my capacity to safely participate in the ???Activities??? or that may create undue risk for others. If in doubt I agree that I will seek medical advice prior to participating in the ???Activities???; 4.3. That I do not have a medical condition that could be affected by riding the go-kart such as a heart condition pregnancy or back and/or neck injury; 4.4. That I am not under the influence of alcohol drugs or other substances that could impair upon my judgement or capacity to safely participate in the ???Activities??? or that may create undue risk for others; and 4.5. That all information given is accurate and complete and I hereby consent and give my authority to the ???Company??? to take all steps considered reasonably necessary to protect my welfare in the event of injury or illness including the administration of any emergency medical treatment and ambulance transportation and I agree to pay for any such costs it may incur. 5. ASSUMPTION OF RISK 5.1. I have assessed the nature of the ???Activities??? carefully and voluntarily assume all the risks associated with the ???Activities??? and I do so at my own free will. 6. EXCLUSION OF LIABILITY 6.1. I hereby agree that the ???Indemnified Parties??? will not be liable for any loss or damage to my personal property or in respect of my death personal injury or psychological trauma whether such loss or damage death personal injury or psychological trauma is suffered because the ???Services??? were not provided with due care and skill or because the ???Facilities??? or any parts of them provided in connection with the ???Services??? were not reasonably fit for their purpose or because of negligence breach of contract statute or statutory duty; and 6.2. Without limiting the above to the extent that liability cannot be excluded but can be limited then to the maximum extent permitted by law liability is limited to (a) the supply of the ???Services??? again or (b) payment of an amount equal to the cost of having the ???Services??? supplied again. I agree that the ???Indemnified Parties??? will not be liable under any circumstances for any consequential indirect incidental or special damages arising out of or in connection with my participation in the ???Activities??? or my attendance at the ???Premises???. 7. WAIVER OF RIGHT TO SUE AND INDEMNITY I hereby agree: 7.1. Not to pursue claims against and (severally) hold harmless indemnify and keep indemnified the ???Indemnified Parties??? in relation to all losses actions expenses costs liabilities claims and demands in respect of any loss or damage to my personal property or in respect of my death personal injury or psychological trauma howsoever caused or arising out of or in connection with my participation in the ???Activities??? or my attendance at the ???Premises??? notwithstanding that such loss or damage death personal injury or psychological trauma may have been contributed to or caused by an act or omission of the ???Indemnified Parties??? including because of negligence and/or by any other person; and 7.2. That the ???Indemnified Parties??? do not make any representation or warranty implied or express whether by statute common law or otherwise as to any matter including without limitation that the ???Services??? will be provided with due care and skill or that the ???Facilities??? or any parts of them provided in connection with the ???Services??? will be fit for the purpose for which they are used. 8. GENERAL 8.1. The foregoing exclusions and limitations apply to the fullest extent permitted by law and if any portion hereof is held invalid such invalidity shall not affect the enforceability of any other part or provisions of this ???Disclaimer???; 8.2. This ???Disclaimer??? is additional to rather than replacement of the conditions contained in the ???Conditions of Entry???. To the extent that there is any inconsistency between the conditions of this ???Disclaimer??? and those contained in the ???Conditions of Entry??? this ???Disclaimer??? shall apply; 8.3. The personal information I have provided to the ???Company??? must be true and correct. This enables and facilitates its delivery of the ???Services??? and subject to the terms of my registration enables the ???Company??? to send information relevant to the ???Activities???. The personal information that I have provided to the ???Company??? will not be used for any other purpose outside of the ???Company??? without my consent. 8.4. The terms of this ???Disclaimer??? and its interpretation will be governed by the law of the ???Jurisdiction??? and the parties submit to the jurisdiction of the courts of the Jurisdiction. IMPORTANT NOTICE: BY ENTERING THE ???PREMISES??? SIGNING UP AND RETRIEVING THE LICENCE TO PARTICIPATE IN THE ???COMPANY???S??? ???ACTIVITIES??? I AM DEEMED TO HAVE READ AND UNDERSTOOD: ??? THE CONDITIONS OF ENTRY AND AGREED TO BE BOUND BY THEM. ??? THE RULES AND REGULATIONS AND AGREED TO BE BOUND BY THEM. ??? THIS DISCLAIMER AND AGREED TO BE BOUND BY ITS TERMS.